failed to do so, the court may grant an injunction to prevent infringement or an imminent
infringement, award damages and grant any other relief provided for in the general law.
(7) For the purpose of civil proceedings in respect of the infringement of rights of the
owner, if the subject matter of a patent is a process for obtaining a product, the court may
order the defendant to prove that the process used to obtain an identical product is
different from the patented process.
(8) Any identical product when produced without the consent of the patent owner shall,
in the absence of proof to the contrary, be deemed to have been obtained by the patented
process if the product obtained by the patented process is new.
Section 12—Duration; Annual Fees.
(1) Subject to subsection (2), a patent shall expire twenty years after the filing date of the
application for the patent.
(2) In order to maintain the patent or patent application, an annual fee shall be paid in
advance to the Registrar for each year, starting one year after the filing date of the
application for grant of the patent.
(3) A period of grace of six months shall be allowed for the late payment of the annual
fee on payment of the prescribed surcharge.
(4) Where an annual fee is not paid in accordance with this section, the patent application
shall be deemed to have been withdrawn or the patent shall lapse.
Section 13—Exploitation by Government or Authorized Person.
(1) Where
(a) public interest, in particular, national security, nutrition, health or the development of
other vital sectors of the national economy so requires, or
(b) a judicial or administrative body has determined that the manner of exploitation, by
the owner of the patent or the owner's licensee, is anti-competitive, and the Minister is
satisfied that the exploitation of the invention in accordance with this subsection would
remedy that practice
the Minister may decide that, even without the consent of the owner of the patent, a
Government agency or a third person designated by the Minister may exploit the
invention.
(2) The exploitation of the invention shall be limited to the purpose for which it was
authorized and shall be subject to the payment to the owner of an adequate remuneration,
taking into account the economic value of the Minister's decision as determined in the